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POSEY v. CLARK EQUIPMENT COMPANY

No. 16766.

409 F.2d 560 (1969)

Charles W. POSEY, Plaintiff-Appellant, v. CLARK EQUIPMENT COMPANY, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied June 4, 1969.

Attorney(s) appearing for the Case

Richard M. Goodman, Paul A. Rosen, Detroit, Mich., Peter Obremskey, Lebanon, Ind., Goodman, Eden, Robb, Millender, Goodman & Bedrosian, Detroit, Mich., Parr, Richey, Obremskey & Pedersen, Lebanon, Ind., for plaintiff-appellant.

Emerson Boyd, Lloyd H. Milliken, Jr., of Locke, Reynolds, Boyd & Weisell, Indianapolis, Ind., for appellee.

Before DUFFY, Senior Circuit Judge, KILEY and FAIRCHILD, Circuit Judges.

FAIRCHILD, Circuit Judge.

Charles Posey brought this personal injury action against Clark Equipment Company.1 Posey was injured at his employment while operating a fork-lift truck manufactured by Clark. He alleged negligence and strict liability in tort, as well as breach of warranty, a theory he no longer pursues. At the close of all the evidence, the district court directed a verdict for Clark. Posey has appealed.

Posey was operating...

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